§ 15A-903. Disclosure of evidence by the State - Information subject to disclosure. - North Carolina Statutes

§ 15A‑903.  Disclosureof evidence by the State – Information subject to disclosure.

(a)        Upon motion of thedefendant, the court must order the State to:

(1)        Make available tothe defendant the complete files of all law enforcement and prosecutorialagencies involved in the investigation of the crimes committed or theprosecution of the defendant. The term "file" includes thedefendant's statements, the codefendants' statements, witness statements,investigating officers' notes, results of tests and examinations, or any othermatter or evidence obtained during the investigation of the offenses alleged tohave been committed by the defendant. The term "prosecutorial agency"includes any public or private entity that obtains information on behalf of alaw enforcement agency or prosecutor in connection with the investigation ofthe crimes committed or the prosecution of the defendant. Oral statements shallbe in written or recorded form, except that oral statements made by a witnessto a prosecuting attorney outside the presence of a law enforcement officer orinvestigatorial assistant shall not be required to be in written or recordedform unless there is significantly new or different information in the oralstatement from a prior statement made by the witness. The defendant shall havethe right to inspect and copy or photograph any materials contained thereinand, under appropriate safeguards, to inspect, examine, and test any physicalevidence or sample contained therein.

(2)        Give notice to thedefendant of any expert witnesses that the State reasonably expects to call asa witness at trial. Each such witness shall prepare, and the State shallfurnish to the defendant, a report of the results of any examinations or testsconducted by the expert. The State shall also furnish to the defendant theexpert's curriculum vitae, the expert's opinion, and the underlying basis forthat opinion. The State shall give the notice and furnish the materialsrequired by this subsection within a reasonable time prior to trial, asspecified by the court.

(3)        Give the defendant,at the beginning of jury selection, a written list of the names of all otherwitnesses whom the State reasonably expects to call during the trial. Names ofwitnesses shall not be subject to disclosure if the State certifies in writingand under seal to the court that to do so may subject the witnesses or othersto physical or substantial economic harm or coercion, or that there is otherparticularized, compelling need not to disclose. If there are witnesses thatthe State did not reasonably expect to call at the time of the provision of thewitness list, and as a result are not listed, the court upon a good faithshowing shall allow the witnesses to be called. Additionally, in the interestof justice, the court may in its discretion permit any undisclosed witness totestify.

(b)        If the Statevoluntarily provides disclosure under G.S. 15A‑902(a), the disclosureshall be to the same extent as required by subsection (a) of this section.

(c)        Upon request by theState, a law enforcement or prosecutorial agency shall make available to theState a complete copy of the complete files related to the investigation of thecrimes committed or the prosecution of the defendant for compliance with thissection and any disclosure under G.S. 15A‑902(a). (1973, c. 1286, s. 1; 1975,c. 166, s. 27; 1983, c. 759, ss. 1‑3; 1983, Ex. Sess., c. 6, s. 1; 2001‑282,s. 5; 2004‑154, s. 4; 2007‑183, s. 1; 2007‑377, s. 1; 2007‑393,s. 1.)